Amendment of the 2005 Regulations

21.  In regulation 16 (offences)—

(a)in paragraph (1)—

(i)after sub-paragraph (a) insert—

“(aa)contravenes regulation 3A;”;

(ii)in sub-paragraph (c) omit “granted under these Regulations”;

(iii)in sub-paragraph (d) for “3(4)” substitute “11A”; and

(iv)in paragraph (i) of sub-paragraph (g) for “assignment” substitute “transfer”.

(b)in paragraph (2)—

(i)after “(1)(a)” insert “or (1)(aa)” and delete “, (1)(b), (1)(c) or 1(d),” and

(ii)after “contravention” delete “or failure”;

(c)in paragraph (3), for sub-paragraph (a) substitute—

“(a)that the thing done was not a reasonable step to take in the circumstances;”;

(d)in paragraph (4), omit “into relevant waters”; and

(e)after paragraph (10) insert—

“(11) Proceedings in England and Wales for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions.

(12) Proceedings in Northern Ireland for an offence under this regulation may be brought only by, or with the consent of, the Secretary of State or the Director of Public Prosecutions for Northern Ireland.”.